K1 Visa process with waiver included

[maria5555 3]

Hi all. I’m not sure if anyone has had a similar case because it’s so rare I think. Let me begin my including my timeline. I am petitioning my fiancé who is in Mexico and we stared in Sep of 2020, were asked for RFE in April of 2021, approved by May of 2021. The k1 visas are currently being processed in MEX city so my interview was in Dec of 2021. We were refused because of 3 illegal entries so we were asked to file a I-212 waiver. That waiver was approved in Sep of 2022. And we left all documents at the embassy in Oct of 2022. Were asked to do a new medical examination (they expire in 6 months so this is the second one) and to make a new payment of $265. The issue is that the first consular officer in 2020 made a mistake in the system and listed that there was only one illegal entry when there are 3. This consular officer said that the I-212 is eligible for all illegal entries but since the system shows 3 they need to contact USCIS to clear the other 2 ineligibilities to my waiver. They received my passport and was told it could take 2 months. After reading the administrative processing cases a lot of them have taken up to 1 year or longer and I am worried this will happen with my case. I also emailed them and they told me it could tale several months. My concerns are that I will possible have to make a 3rd medical examination and 3rd payment in such short time. There is also the issue that all k1 visa cases will being going back to Juarez next year. Is there any advice y’all can give or anyone that has been through something similar? Thank you in advance.

[SalishSea 17,516]

5 minutes ago, maria5555 said:

Hi all. I’m not sure if anyone has had a similar case because it’s so rare I think. Let me begin my including my timeline. I am petitioning my fiancé who is in Mexico and we stared in Sep of 2020, were asked for RFE in April of 2021, approved by May of 2021. The k1 visas are currently being processed in MEX city so my interview was in Dec of 2021. We were refused because of 3 illegal entries so we were asked to file a I-212 waiver. That waiver was approved in Sep of 2022. And we left all documents at the embassy in Oct of 2022. Were asked to do a new medical examination (they expire in 6 months so this is the second one) and to make a new payment of $265. The issue is that the first consular officer in 2020 made a mistake in the system and listed that there was only one illegal entry when there are 3. This consular officer said that the I-212 is eligible for all illegal entries but since the system shows 3 they need to contact USCIS to clear the other 2 ineligibilities to my waiver. They received my passport and was told it could take 2 months. After reading the administrative processing cases a lot of them have taken up to 1 year or longer and I am worried this will happen with my case. I also emailed them and they told me it could tale several months. My concerns are that I will possible have to make a 3rd medical examination and 3rd payment in such short time. There is also the issue that all k1 visa cases will being going back to Juarez next year. Is there any advice y’all can give or anyone that has been through something similar? Thank you in advance.

Are you sure that letter came from the consulate?   It is not written in business English.

[Boiler 44,964]

So you were 9C, served the 10 year bar and now have the I 212 left?

[maria5555 3]

Just now, Jorgedig said:

Are you sure that letter came from the consulate?   It is not written in business English.

Yes it’s their official email. They tend to misspell things but it’s a legitimate account.

[maria5555 3]

1 minute ago, Boiler said:

So you were 9C, served the 10 year bar and now have the I 212 left?

Hi the 10 year bar was already served and the I-212 was already approved the issue is the mistake in the system so I am waiting for it to get cleared up. I’m just worried it will be longer than 2 months as they have stated.

[Boiler 44,964]

Hopefully it will come through but there is no way of knowing

[maria5555 3]

1 minute ago, Boiler said:

Hopefully it will come through but there is no way of knowing

Thank you 🥺

[Family 3,842]

17 minutes ago, maria5555 said:

We were refused because of 3 illegal entries so we were asked to file a I-212 waiver. That waiver was approved in Sep of 2022. And we left all documents at the embassy in Oct of 2022

If the DS-160 listed all his 3 EWI entries and he disclosed them at the Dec 2021 interview, then this most recent response from CDJ is very odd. 

EWI entries, unless he was also caught at the border during attempt, are basically self disclosed with no “system record” on the number of such. 

 

You state “ first officer in 2020 ..made a mistake..” maybe a typo, but during that time case was only w USCIS and at most they would have seen the CBP encounters and what you disclosed in the I-129 F. 
 

This is first time I see such a poorly written correspondence from CDJ , but aside from bad English, it does NOT say the issue is missing EWI entry ….what and how it says about “ adding a NEW ineligibility “ is extremely concerning.

 

If you are using an attorney, he should have already responded to the Consulate in very strong language, calling BS. 
If you are DIY, you should not wait and trust they will “clear” their own error/system issue in a timely manner. Contact Congressman, LegalNet and of course email Consulate back AND ASK for an “ English version of last very obscure communication “.

[maria5555 3]

13 minutes ago, Family said:

If the DS-160 listed all his 3 EWI entries and he disclosed them at the Dec 2021 interview, then this most recent response from CDJ is very odd. 

EWI entries, unless he was also caught at the border during attempt, are basically self disclosed with no “system record” on the number of such. 

 

You state “ first officer in 2020 ..made a mistake..” maybe a typo, but during that time case was only w USCIS and at most they would have seen the CBP encounters and what you disclosed in the I-129 F. 
 

This is first time I see such a poorly written correspondence from CDJ , but aside from bad English, it does NOT say the issue is missing EWI entry ….what and how it says about “ adding a NEW ineligibility “ is extremely concerning.

 

If you are using an attorney, he should have already responded to the Consulate in very strong language, calling BS. 
If you are DIY, you should not wait and trust they will “clear” their own error/system issue in a timely manner. Contact Congressman, LegalNet and of course email Consulate back AND ASK for an “ English version of last very obscure communication “.

Thank you for your response we truly did not know that this was possible. My attorney isn’t much help at all so that’s honestly not an option for me. However, I did contact congress to see if they would help with my case because I thought that USCIS was done with my case as soon as they approved the I-212. They have also helped with my expedite with the I-212. It’s been so frustrating because there has been so much money paid to these people and have been in this process since 2020😥. I’m hoping that since they kept my passport that there will be answers soon! Thank you for the information.

[Family 3,842]

13 minutes ago, maria5555 said:

because there has been so much money paid to these

I must point out that IMO ,  the filing fees are minimal when compared to your ( or anyone else’s attorney fees) for such a complex process. 
 

The attorney’s power punch challenge to this most recent email would have helped..but I am sure they would require you to drop an arm and a leg in $$ again. 
 

Don’t give up, but definitely hold attorney accountable for finishing their I-212 Job..even if you have to tell them “ I think the consulate is questioning the I-212 ..i” This is just a talking point meant to get them to HELP. 

[maria5555 3]

20 minutes ago, Family said:

I must point out that IMO ,  the filing fees are minimal when compared to your ( or anyone else’s attorney fees) for such a complex process. 
 

The attorney’s power punch challenge to this most recent email would have helped..but I am sure they would require you to drop an arm and a leg in $$ again. 
 

Don’t give up, but definitely hold attorney accountable for finishing their I-212 Job..even if you have to tell them “ I think the consulate is questioning the I-212 ..i” This is just a talking point meant to get them to HELP. 

It’s actually very sad because I have been the one that’s been moving the process I went out of my way to contact congress I made the appointment with the consulate I made the expedite petition and they literally have only sent the the waiver and the I-129f that’s it! When I told them of this process they literally giggled and said wow what a complex case and they asked for my refusal letter to keep in their files haha. Just said to wait so yeah I don’t think they’re gonna help to much. Only have hope with congress 😥

[Family 3,842]

You can try emailing the attorney a request that they write to the Consulate and ask for clarification on what “ new inadmissibility “ is referenced in the Consular response. This is for you to have documentation of any response/action ( or failure to act)  by attorney. ..

 

On a side note, Congressional Liason only deals with you directly, they won’t engage with the attorney, BUT it’s not easy for most to describe the actual “ issue/problem “ . In your case the problem is either “ number of EWI entries that show up in their system “ because that’s what your fiancé was told OR “ new inadmissibility..” they are fishing for in the records…as comes across from that funky badly written response. 
 

Give yourself lots of credit for learning/researching and taking effective action at each stage .. 

[maria5555 3]

20 minutes ago, Family said:

You can try emailing the attorney a request that they write to the Consulate and ask for clarification on what “ new inadmissibility “ is referenced in the Consular response. This is for you to have documentation of any response/action ( or failure to act)  by attorney. ..

 

On a side note, Congressional Liason only deals with you directly, they won’t engage with the attorney, BUT it’s not easy for most to describe the actual “ issue/problem “ . In your case the problem is either “ number of EWI entries that show up in their system “ because that’s what your fiancé was told OR “ new inadmissibility..” they are fishing for in the records…as comes across from that funky badly written response. 
 

Give yourself lots of credit for learning/researching and taking effective action at each stage .. 

Do you somewhat understand Spanish a little? So I can post the refusal letter maybe you’ll understand it a little more than I do.

[Family 3,842]

Si puede 

[Boiler 44,964]

2 hours ago, maria5555 said:

Do you somewhat understand Spanish a little? So I can post the refusal letter maybe you’ll understand it a little more than I do.

Un poco

 

Anyway I sort of guessed your situation, it was the only thing that made sense.

 

I have seen quite a few 9C determinations but not that many who have gone past the 10 years etc.

 

And none I can remember who went into detail as to what happened next.

 

So did you go to the Consulate, interviewed, have the 1 212 need and filed or did you have an approved I 212.

 

Something else, which I was wondering, I 212's usually are filed with the Port of Entry but obviously not in this case, does it go to the Lockbox or Consulate?

 

 

Edited November 16, 2022 by Boiler